23-1506 - 8282 - Ordinance ExecutedORDINANCENO. 23-1506
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTWITH ITRON, INC., FOR SUPPORT AND SERVICES OF THE METER DATAMANAGEMENT SYSTEM AND OTHER ITRON SOFTWARE APPLICATIONS FORDENTON MUNICIPAL ELECTRIC, WHICH IS THE SOLE PROVIDER OF THIS
SOFTWARE, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.022,WHICH PROVIDES THAT PROCUREMENT OF COMMODITIES AND SERVICES THAT
ARE AVAILABLE FROM ONE SOURCE ARE EXEMPT FROM COMPETITIVE BIDDING.AND IF OVER $50,000, SHALL BE AWARDED BY THE GOVERNING BODY;PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 8282 – AWARDED TO ITRON, INC., FOR FIVE (5) YEARS,WITH THE OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE
TOTAL SEVEN (7) YEAR NOT-TO-EXCEED AMOUNT OF $5,004,208.24).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including items that are only available from onesource because of patents, copyrights, secret processes, or natural monopolies; films,
manuscripts, or books; electricity, gas, water, and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are availableonly from the persons holding exclusive distribution rights to the materials; need not be
submitted to competitive bids; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned inthe above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as describedin the “File” listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILENUMBER VENDOR AMOUNT
8282 Itron, Inc.$5,004,208.24
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including items that
are only available from one source because of patents, copyrights, secret processes, or naturalmonopolies; films, manuscripts, or books; electricity, gas, water, and other utility purchases;
captive replacement parts or components for equipment; and library materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials;
need not be submitted to competitive bids.
SECTION 3. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 4. The City Manager, or their designee, is hereby authorized to execute the
contract relating to the items specified in Section 1, attached hereto, and the expenditure of funds
pursuant to said contract is hereby authorized.
SECTION 5. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
„„,d,rEynr"dBA: lapRT:FIT:/"dinan'e was "Tkeb:rdiE:::=„f=land appr,,,daIthe following vote U -A:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:/-L
,/y/
Paul Meltzer. District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED thi, th, ISt - d,y ,f Qysyjl J 2023.
aitR–D-RMFaA–Y–M
ATTEST:
JESUS SALAZAR, CITY SECRETARY b\\\\11111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
UkByu-::=ST,=, F;ITF,ni„@„I
ofdenton.com, c;USDate: 2023.07.28 13:18:52
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